handing in notice

so i've been very fortunate to have been offered a nice new job with a good company with a nice salary increase. all good! so i say to my boss this morning i'm wanting to hand in my notice. he took everything really well (i was expecting a shouting match!) but then he tells me he wants me to work 4wks notice.

now this isnt an unreasonable ammount of time, however ive only been in the job 5months, i asked about getting a copy of my contract in january but it would appear they havent written me one. i'm paid weekly, and site based guys here are only on 1wk notice. i thought i'd be the same. but felt i would offer 2 wks. but he's saying 4wks unless he finds someone to replace me sooner. so basically he's covering himself so he doesnt get dropped in the sh!t.

so what do i do? do i offer my 2wks and if he doesnt accept just have to leave on bad terms? or should i stay for the 4 even though he's never bothered with a contract?

[jambo]

Depends on what suits you. If you've signed a copy of a contract, it's binding even if you don't have a copy (though if they refuse to furnish you with a copy promptly on request you can argue that it's null and void).

He's unlikely to do anything if you do walk, if you need to get out of there speak to your HR representive to get the lay of the land first.

Jambo

[Viney]

The rules are generaly these. If you are paid weelky then a weeks notice is allt hats needed. If youa re paid 4 weekly, or monthly then its a months notice, all unless specified in your contract to the contary.

Verna had to work 4 weeks notice after handing in her notice 3 days into her new job.

My contract states that i can leave immediatly and loose 2 days pay for every week i dont work!

You could always go sick

ive never signed or been given a contract. ive only seen the contract that others have. problem is its a very small company, me, boss, admin woman and another office guy working on other stuff. so its the admin woman who would deal with all this. now i know legally i can just leave and theres nothing he can do, for one i dont even have a contract! but im trying to leave on good terms, but if he will only stick to 4wks notice i dont see any other option apart from just not turning up!

Is there a problem with working 4 wks? if there is ask for it in writing normally its the pay period for notice
Are your new employers keen to see you start. If you explain to them the situation it can show commitment and flexible working.
Have you explained why you thought your notice was less to the boss? maybe once he's cornered they will relent to your terms or offer a fuller explanation

[pookie]

do you have holiday due to you that could reduce your notice period? Depends if you are likely to mix in the same circles as your current boss, as most industries are reasonably small circles and you may bump into him again later on. You're onto a good thing in your new job unless there is some time pressure from your new position i'd hang it out for as short as possible.

[Mr Speirs]

Say that you are unable to work the 4 weeks you are being asked to and say that you can work 2 weeks notice.
If he doesn't like it then explain that you don't have a contract binding you to work any notice and 2 weeks is all that you can work.
He'll either ask you to leave or accept 2 weeks.

[Bri w]

Never burn bridges.

If your current boss is in the same industry he could harm your reputation, and you never know if you may need a reference or even a job in the future.

Talk to him. Explain that you feel that as you are weekly paid 4 weeks notice seems excessive. Offer to meet him half way, or offer to help out if there are projects that need finishing before you go. But always try to leave on good terms.

If at the end of the day he won't budge, and you feel strongly enough about, walk out when you want. You might have some hassle getting paid if he's awkward or he may hang onto your P45 longer than he should.

[TamSV]

Was there any mention of the notice period when you were offered your current job?

If not it sounds like you're on pretty solid ground - especially as others with written contracts are one weeks notice.

So he's unlikely to sue you for breach of contract but you might make an enemy. As has been said, many industries are like villages and this tends to be more so in Scotland. People I've pi**ed off have a nasty habit of reappearing in my life.

Assert your rights but, if possible, in a non-confrontational way.

Good luck and congrats on the new job BTW.

yeah all good points, i think i need to speak to him about it. the new employers are keen to get me started as soon as possible, they need the help! so basically i'm wanting to start the new position quick as i can.

and yes i work in construction in scotland and its not the biggest industry in the world and i really dont want to p!ss anyone off if i dont need to, but i feel 2wks notice is adequate, especially as i dont really have a contract, i think once i explain that to him he'll come round. i think he's just a bit shocked that i'm leaving.

heres hoping it stay amicable!